Article 483Additional Charges for Understatement and for Failure to File Concerning Tobacco Tax
第四百八十三条(たばこ税の過少申告加算金及び不申告加算金)
Where a return is submitted by its deadline for filing (including the case where a return is submitted after its deadline for filing and the proviso to the following paragraph or paragraph (8) applies; the same applies hereinafter in this paragraph), and a reassessment under Article 480, paragraph (1) or (3) has been made or an amended return has been submitted, the mayor of the municipality must, except where the mayor finds that there are justifiable grounds for the error in the tax amount relating to the return or amended return before that reassessment or amended return, collect an amount of additional charge for understatement equivalent to the amount calculated by multiplying the tax deficiency resulting from that reassessment or the tax amount increased by that amended return (hereinafter in this paragraph referred to as the "covered tax shortfall, etc.") by a rate of 10 percent (where the covered tax shortfall, etc. (where, before that reassessment or amended return, a reassessment has been made or an amended return has been submitted with respect to the tobacco tax relating to that reassessment or amended return, the amount obtained by adding to it the total of the tax deficiency resulting from that earlier reassessment or the tax amount increased by that earlier amended return (where it is found that there were justifiable grounds for the error in the tax amount relating to the return or amended return before that earlier reassessment or amended return, the amount after deducting the tax deficiency resulting from that earlier reassessment or the tax amount increased by that earlier amended return, and where, with respect to that tobacco tax, there has been a reassessment reducing the tax amount payable, or a change of the original disposition by a ruling or judgment on a request for review or suit relating to a reassessment, the amount after deducting the amount equivalent to the tax amount of the portion reduced by them)) exceeds the greater of the amount equivalent to the tax amount relating to the return in the case where the return was submitted by its deadline for filing and 500,000 yen, the amount obtained by adding the amount calculated by multiplying the amount equivalent to the excess portion (where the covered tax shortfall, etc. is less than the amount equivalent to the excess portion, the covered tax shortfall, etc.) by a rate of 5 percent); provided, however, that this does not apply where an amended return has been submitted and its submission was not made with foreknowledge that a reassessment under Article 480, paragraph (1) or (3) would be made with respect to the amount of tobacco tax relating to that amended return.
申告書の提出期限までにその提出があつた場合(申告書の提出期限後にその提出があつた場合において、次項ただし書又は第八項の規定の適用があるときを含む。以下この項において同じ。)において、第四百八十条第一項若しくは第三項の規定による更正があつたとき、又は修正申告書の提出があつたときは、市町村長は、当該更正又は修正申告前の申告又は修正申告に係る税額に誤りがあつたことについて正当な理由があると認める場合を除き、当該更正による不足税額又は当該修正申告により増加した税額(以下この項において「対象不足税額等」という。)に百分の十の割合を乗じて計算した金額(当該対象不足税額等(当該更正又は修正申告前にその更正又は修正申告に係るたばこ税について更正又は修正申告書の提出があつた場合には、その更正による不足税額又は修正申告により増加した税額の合計額(当該更正又は修正申告前の申告又は修正申告に係る税額に誤りがあつたことについて正当な理由があると認められたときは、その更正による不足税額又は修正申告により増加した税額を控除した金額とし、当該たばこ税についてその納付すべき税額を減少させる更正又は更正に係る審査請求若しくは訴えについての裁決若しくは判決による原処分の異動があつたときは、これらにより減少した部分の税額に相当する金額を控除した金額とする。)を加算した金額とする。)が申告書の提出期限までにその提出があつた場合における当該申告書に係る税額に相当する金額と五十万円とのいずれか多い金額を超えるときは、その超える部分に相当する金額(当該対象不足税額等が当該超える部分に相当する金額に満たないときは、当該対象不足税額等)に百分の五の割合を乗じて計算した金額を加算した金額とする。)に相当する過少申告加算金額を徴収しなければならない。ただし、修正申告書の提出があつた場合において、その提出が当該修正申告書に係るたばこ税額について同条第一項又は第三項の規定による更正があるべきことを予知してされたものでないときは、この限りでない。
In any of the following cases, the mayor of the municipality must collect an amount of additional charge for failure to file equivalent to the amount calculated by multiplying the tax amount payable as a result of the filing, determination or reassessment prescribed in each item by a rate of 15 percent; provided, however, that this does not apply where it is found that there were justifiable grounds for the return not having been submitted by its deadline for filing.
次の各号のいずれかに該当する場合には、市町村長は、当該各号に規定する申告、決定又は更正により納付すべき税額に百分の十五の割合を乗じて計算した金額に相当する不申告加算金額を徴収しなければならない。ただし、申告書の提出期限までにその提出がなかつたことについて正当な理由があると認められる場合は、この限りでない。
where a return is submitted after its deadline for filing, or a determination under Article 480, paragraph (2) is made;
where, after a return has been submitted after its deadline for filing, an amended return is submitted or a reassessment under Article 480, paragraph (1) or (3) is made;
where, after a determination under Article 480, paragraph (2) has been made, an amended return is submitted or a reassessment under paragraph (3) of that Article is made.
Where, in a case falling under the preceding paragraph (excluding where the proviso to that paragraph or paragraph (8) applies; the same applies in the following paragraph and paragraph (5)), the tax amount payable prescribed in the preceding paragraph (in the case of item (ii) or (iii) of that paragraph, the amount obtained by adding to it the total of the tax amounts payable by a filing after the deadline for filing the return relating to that tobacco tax made before the amended return or reassessment prescribed in those items, or by a reassessment or determination under Article 480, paragraphs (1) through (3) (where there has been a reassessment reducing the tax payable, or a change of the original disposition by a ruling or judgment on a request for review or suit relating to a reassessment, the amount after deducting the amount equivalent to the tax amount of the portion reduced by them; referred to in the following paragraph as the "cumulative paid tax amount"); referred to in the following paragraph as the "cumulative paid tax amount after addition") exceeds 500,000 yen, the amount of additional charge for failure to file prescribed in the preceding paragraph is, notwithstanding the provisions of that paragraph, the amount obtained by adding, to the amount calculated pursuant to the provisions of that paragraph, the amount calculated by multiplying the amount equivalent to the excess portion (where the tax amount payable prescribed in that paragraph is less than the amount equivalent to that excess portion, that tax amount payable) by a rate of 5 percent.
前項の規定に該当する場合(同項ただし書又は第八項の規定の適用がある場合を除く。次項及び第五項において同じ。)において、前項に規定する納付すべき税額(同項第二号又は第三号に該当する場合には、これらの規定に規定する修正申告又は更正前にされた当該たばこ税に係る申告書の提出期限後の申告又は第四百八十条第一項から第三項までの規定による更正若しくは決定により納付すべき税額の合計額(当該納付すべき税額を減少させる更正又は更正に係る審査請求若しくは訴えについての裁決若しくは判決による原処分の異動があつたときは、これらにより減少した部分の税額に相当する金額を控除した金額とする。次項において「累積納付税額」という。)を加算した金額。次項において「加算後累積納付税額」という。)が五十万円を超えるときは、前項に規定する不申告加算金額は、同項の規定にかかわらず、同項の規定により計算した金額に、その超える部分に相当する金額(同項に規定する納付すべき税額が当該超える部分に相当する金額に満たないときは、当該納付すべき税額)に百分の五の割合を乗じて計算した金額を加算した金額とする。
In the case falling under paragraph (2), if the cumulative paid tax amount after addition (or, where among the facts forming the basis of calculating that cumulative paid tax amount after addition there is a fact that was not made the basis of calculating the tax amount (including the tax amount equivalent to the amount of a refund) before the filing, determination or reassessment prescribed in the items of that paragraph, and it is found that there are no grounds attributable to the taxpayer filing returns for this, the tax amount after deducting the amount calculated, as provided by Cabinet Order, as the tax amount based on that fact) exceeds 3,000,000 yen, the amount of the additional charge for failure to file prescribed in that paragraph is, notwithstanding the preceding two paragraphs, the amount obtained by deducting, from the total of the amounts calculated by dividing the cumulative paid tax amount after addition into the amounts set forth in the following items and multiplying each amount by the rate provided respectively in those items, the total of the amounts calculated by dividing the cumulative paid tax amount into the amounts set forth in those items and multiplying each amount by the rate provided respectively in those items:
第二項の規定に該当する場合において、加算後累積納付税額(当該加算後累積納付税額の計算の基礎となつた事実のうちに同項各号に規定する申告、決定又は更正前の税額(還付金の額に相当する税額を含む。)の計算の基礎とされていなかつたことについて当該申告納税者の責めに帰すべき事由がないと認められるものがあるときは、その事実に基づく税額として政令で定めるところにより計算した金額を控除した税額)が三百万円を超えるときは、同項に規定する不申告加算金額は、前二項の規定にかかわらず、加算後累積納付税額を次の各号に掲げる金額に区分してそれぞれの金額に当該各号に定める割合を乗じて計算した金額の合計額から累積納付税額を当該各号に掲げる金額に区分してそれぞれの金額に当該各号に定める割合を乗じて計算した金額の合計額を控除した金額とする。
the amount equivalent to the portion of 500,000 yen or less: a rate of 15 percent;
五十万円以下の部分に相当する金額 百分の十五の割合
the amount equivalent to the portion exceeding 500,000 yen and not exceeding 3,000,000 yen: a rate of 20 percent;
五十万円を超え三百万円以下の部分に相当する金額 百分の二十の割合
The amount equivalent to the portion exceeding 3,000,000 yen: a rate of 30 percent
三百万円を超える部分に相当する金額 百分の三十の割合
In the case falling under paragraph (2), if any of the following items applies, the amount of the additional charge for failure to file prescribed in that paragraph is, notwithstanding the preceding three paragraphs, the amount obtained by adding, to the amount calculated under those provisions, the amount calculated by multiplying the tax amount to be paid as prescribed in paragraph (2) by a rate of 10 percent:
In the case where, during the period up to the day five years before the day preceding the day on which the return was filed after the deadline for filing or the amended return was filed (limited to a return or amended return filed with foreknowledge that a reassessment or determination under Article 480, paragraphs (1) to (3) would be made regarding the tobacco tax relating to that return or amended return; the same applies in the following item), or a reassessment or determination under Article 480, paragraphs (1) to (3) was made, an additional charge for failure to file (excluding one to which the following paragraph applies; the same applies in that item) or a substantial additional charge (referred to as "additional charge for failure to file, etc." in Article 484, paragraph (3), item (i)) has been collected with respect to tobacco tax
申告書の提出期限後のその提出若しくは修正申告書の提出(当該申告書又は修正申告書に係るたばこ税について第四百八十条第一項から第三項までの規定による更正又は決定があるべきことを予知してされたものに限る。次号において同じ。)又は同条第一項から第三項までの規定による更正若しくは決定があつた日の前日から起算して五年前の日までの間に、たばこ税について、不申告加算金(次項の規定の適用があるものを除く。同号において同じ。)又は重加算金(次条第三項第一号において「不申告加算金等」という。)を徴収されたことがある場合
In the case where an additional charge for failure to file or a substantial additional charge (limited to one to which Article 484, paragraph (2) applies) (hereinafter referred to as "specified additional charge for failure to file, etc." in this item and Article 484, paragraph (3), item (ii)) has been collected with respect to tobacco tax for which tax liability arose in the year preceding, and the year before the year preceding, the year containing the day on which the tax liability arose for the tobacco tax relating to the return filed after the deadline for filing, the amended return filed, or a reassessment or determination under Article 480, paragraphs (1) to (3), or it is found that a determination should be made regarding a specified additional charge for failure to file, etc.
In the case where a return is filed after the deadline for filing or an amended return is filed, if the filing was not made with foreknowledge that a reassessment or determination under Article 480, paragraphs (1) to (3) would be made regarding the tobacco tax relating to that return or amended return, the amount of additional charge for failure to file prescribed in paragraph (2) on the tax amount relating to that return or amended return is, notwithstanding paragraphs (2) to (4), to be an amount equivalent to the amount calculated by multiplying that tax amount by a rate of 5 percent.
The mayor of the municipality must, without delay, notify the taxpayer filing returns when the mayor has determined the amount of additional charge for understatement to be collected under paragraph (1) or the amount of additional charge for failure to file to be collected under paragraph (2).
The provisions of paragraph (2) do not apply where the return falling under paragraph (6) was filed in a case specified by Cabinet Order as one in which it is found that there was an intention to file by the deadline for filing, and was filed by the day on which one month elapses from the deadline for filing.
Article 484Substantial Additional Charge on the Tobacco Tax
第四百八十四条(たばこ税の重加算金)
In the case falling under Article 483, paragraph (1), if a taxpayer filing returns conceals or disguises all or part of the facts that are to be the basis for calculating the taxable quantity, and files a return, an amended return or the written request for reassessment prescribed in Article 20-9-3, paragraph (3) (referred to as the "written request for reassessment" in the following paragraph) based on the facts so concealed or disguised, the mayor of the municipality must, as provided by Cabinet Order, collect, in lieu of the amount of additional charge for understatement prescribed in Article 483, paragraph (1), an amount of substantial additional charge equivalent to the amount calculated by multiplying the tax deficiency due to reassessment, or the tax amount increased by the amended return, that is to be the basis for that calculation, by a rate of 35 percent.
In the case falling under Article 483, paragraph (2) (excluding the case where the proviso to that paragraph applies), if a taxpayer filing returns conceals or disguises all or part of the facts that are to be the basis for calculating the taxable quantity, and, based on the facts so concealed or disguised, does not file a return by the deadline for filing, or files a return after the deadline for filing, files an amended return, or files a written request for reassessment, the mayor of the municipality must, in lieu of the amount of additional charge for failure to file prescribed in Article 483, paragraph (2), collect an amount of substantial additional charge equivalent to the amount calculated by multiplying the tax amount that is to be the basis for that calculation by a rate of 40 percent.
In the case falling under the preceding two paragraphs, if any of the following items (item (i) in the case falling under paragraph (1)) applies, the amount of substantial additional charge prescribed in the preceding two paragraphs is, notwithstanding those provisions, to be the amount obtained by adding, to the amount calculated under those provisions, the amount calculated by multiplying, by a rate of 10 percent, the tax deficiency due to reassessment or the tax amount increased by the amended return that is to be the basis for calculation prescribed in paragraph (1) in the case falling under paragraph (1), or the tax amount that is to be the basis for calculation prescribed in paragraph (2) in the case falling under paragraph (2), respectively.
In the case where, during the period up to the day five years before the day preceding the day on which, based on the concealed or disguised facts that are to be the basis for calculating the taxable quantity prescribed in the preceding two paragraphs, the return was filed after the deadline for filing, the amended return was filed, or a reassessment or determination under Article 480, paragraphs (1) to (3) was made, an additional charge for failure to file, etc. has been collected with respect to tobacco tax
In the case where a specified additional charge for failure to file, etc. has been collected with respect to tobacco tax for which tax liability arose in the year preceding, and the year before the year preceding, the year containing the day on which the tax liability arose for the tobacco tax relating to the return filed after the deadline for filing, the amended return filed, or a reassessment or determination under Article 480, paragraphs (1) to (3), or it is found that a determination should be made regarding a specified additional charge for failure to file, etc.
申告書の提出期限後のその提出、修正申告書の提出又は第四百八十条第一項から第三項までの規定による更正若しくは決定に係るたばこ税の納税義務が成立した日の属する年の前年及び前々年に納税義務が成立したたばこ税について、特定不申告加算金等を徴収されたことがあり、又は特定不申告加算金等に係る決定をすべきと認める場合
In the case falling under the preceding three paragraphs, if there are grounds prescribed in the proviso to Article 483, paragraph (1) or in Article 483, paragraph (6) with respect to the filing of the return or amended return, the mayor of the municipality does not collect the amount of substantial additional charge calculated on the basis of the tax amount payable under that return or the tax amount increased by that amended return.
When the mayor of the municipality has determined the amount of substantial additional charge to be collected under paragraph (1) or (2), the mayor must, without delay, notify the taxpayer filing returns.
tobacco taxmachine translation
「たばこ税」
In the section of the Local Tax Act on it, the municipal tobacco tax (市町村たばこ税), the tax a municipality levies on manufactured tobacco (製造たばこ).
Short name set inArticle 464, paragraph (1)· applies only in this section
taxpayer filing returnsmachine translation
「申告納税者」
From Article 473 to the end of the section on the municipal tobacco tax (市町村たばこ税), a person who must file and pay the tobacco tax under Article 472, and who must each month file a return of the previous month's taxable quantities and tax with the municipal mayor and pay the tax.
Short name set inArticle 473, paragraph (1)· applies only in this section
taxable quantitymachine translation
「課税標準数量」
For a person who files a return for and pays tobacco tax (たばこ税), the total count, brand by brand, of the manufactured tobacco (製造たばこ) forming the tax base that was sold from retail sellers' shops, or sold or consumed from wholesale sellers' premises, in the prefecture or municipality during the previous month.
Short name set inArticle 473, paragraph (1)· applies only in this section
amended returnmachine translation
「修正申告書」
In the Section on the municipal tobacco tax (市町村たばこ税), an amended return under Article 475, paragraph 2, which a taxpayer files with the mayor (市町村長) where the taxable quantity or tax in an earlier return, correction (更正) or determination (決定) was too low.
Short name set inArticle 480, paragraph (1)· applies only in this section
returnmachine translation
「申告書」
From Article 480 to the end of the section on the municipal tobacco tax (市町村たばこ税), the return under Article 473, paragraph 1, 2 or 4, which the municipal mayor corrects where the tax base quantity, tax or refund in it differs from the mayor's own investigation.
Short name set inArticle 480, paragraph (1)· applies only in this section
tax deficiencymachine translation
「不足税額」
The tax found to be short on a reassessment (更正), or the tax fixed by a determination (決定).
Defined inArticle 481, paragraph (1)· applies only in this section
covered tax shortfall, etc.machine translation
「対象不足税額等」
The tax shortfall that a reassessment (更正) reveals, or the tax increase that an amended return (修正申告書) shows, after a return filed on time, on which the additional charge for understatement (過少申告加算金) is worked out.
Short name set inArticle 483, paragraph (1)· applies only in this paragraph
cumulative paid tax amount after additionmachine translation
「加算後累積納付税額」
For the additional charge for failure to file (不申告加算金) on the municipal tobacco tax (市町村たばこ税), the tax payable on which that penalty is charged plus, where it is charged on an amended return or a reassessment (更正) following a late return (期限後申告) or a determination (決定), the total tax payable under that late return and the earlier reassessments (更正) or determination, less any part since reduced by a reassessment or by a ruling or judgment on an appeal against one (累積納付税額, the cumulative paid tax amount); where this total exceeds 500,000 yen, the penalty is raised by 5 per cent of the excess, or of the tax payable on which it is charged if that is smaller.
Short name set inArticle 483, paragraph (3)· applies only in this provision and in Article 483, paragraph (4)
cumulative paid tax amountmachine translation
「累積納付税額」
Where the additional charge for failure to file (不申告加算金) on municipal tobacco tax (たばこ税) is charged on an amended return or reassessment that follows a late return or an earlier determination, the total tax payable under the late return and the reassessments and determinations made before that amended return or reassessment, less any part later reduced by a reassessment or by a ruling or judgment on an appeal; it is added to the tax the penalty is charged on to see whether the total exceeds 500,000 yen.
Short name set inArticle 483, paragraph (3)· applies only in this provision and in Article 483, paragraph (4)
additional charge for failure to file, etc.machine translation
「不申告加算金等」
An additional charge for failure to file (不申告加算金) or a substantial additional charge (重加算金) collected on the tax the provision concerns, leaving out an additional charge for failure to file covered by the next paragraph (in Article 72-46, one collected in the cases that paragraph lists).
Short name set inArticle 483, paragraph (5), item (i)· applies only in this provision and in Article 484, paragraph (3), item (i)
specified additional charge for failure to file, etc.machine translation
「特定不申告加算金等」
An additional charge for failure to file (不申告加算金), or a substantial additional charge (重加算金) of the kind the following Article's paragraph 2 provides, on the same tax for the two years before the year in which the tax liability, or business year, of the late return, amended return, reassessment or determination at issue arose, that was collected or that the local government finds should be decided.
Short name set inArticle 483, paragraph (5), item (ii)· applies only in this item and in Article 484, paragraph (3), item (ii)
written request for reassessmentmachine translation
「更正請求書」
The written request for reassessment that Article 20-9-3, paragraph 3 requires a person making a request for reassessment (更正の請求) to submit to the head of the local government (地方団体の長), stating the corrected tax base or tax amount, the reasons for the request, the circumstances that led to it in detail, the tax and refund amounts before the correction and other relevant matters.
Short name set inArticle 484, paragraph (1)· applies only in this provision and in Article 484, paragraph (2)
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.